Law: Civil Servants Act, 1973

Section: 2(1)(b)

Law: Service Tribunals Act, 1973

Section: 2-A,4

Law: Constitution of Pakistan, 1973

Section: 199,212

Civil Servants Act (LXXI of 1973)---   ----S. 2(1)(b)---Service Tribunals Act (LXX of 1973), Ss.2-A 4---Constitution of Pakistan (1973), Arts.199 212---Constitutional petition---Appeal, abatement of---Question to be determined in the case was, whether abatement of appeals/proceedings had been automatic (without any formal orders) or whether a judicial order was needed by Service Tribunal---Supreme Court, in its PLD 2006 SC 602, had held that cases of the employees under S.2-A of Service Tribunals Act, 1973, which did not fall within the definition of civil servant as defined in S.2(1)(b) of Civil Servants Act, 1973, would have no remedy before the Service Tribunal, functioning under Art.212 of the Constitution and they would be free to avail appropriate remedy---After the of the Supreme Court certain appeals were abated before the Service Tribunal and in some of those appeals the Registrar of the Tribunal made stereotype order which was challenged before the Supreme Court---Supreme Court in 2008 SCMR 402 had held that separate order was required to be passed in every case by the Service Tribunal after providing opportunity to the parties---Following said order of the Supreme Court, Service Tribunal had started passing judicial order with the signature of Presiding Officer of the Tribunal---Thirty days time was given to the petitioners to approach the Service Tribunal for making an application for judicial order on their appeals---Cases which were not subject-matter of the question to be determined, should be placed before the relevant Benches.     2007 PLC (C.S.) 1046; 2008 SCMR 402; 2007 PLC (C.S.) 1046; PLD 2006 SC 602 and 2009 PLC (C.S.) 497 ref. JUDGMENT MUNIB AHMED KHAN, J.--- This Full Bench has been constituted to determine following questions:--- (i) Whether the employees/workers, proceeded against and punished under the Removal from Service (Special Powers) Ordinance, 2000 (as amended) can still invoke the jurisdiction of Federal Service Tribunal or in view of judgment of a Full Bench of this Honourable Court reported as 2007 PLC (C.S.) 1046, remedy, if any, is by way of Constitutional petitions of Civil Suits; (ii) What is the effect of…

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